Madras HC Rejects Kumbakonam Man’s Challenge to Notice Over Alleged 12-Sq-Metre Temple-Tank Encroachment

The appellant challenged a notice dated 11 February 2026 requiring him to remove an alleged 12 sq. m. encroachment, based on a survey conducted on 12 November 2025.

He contended that the survey was conducted without prior notice, contrary to directions in an earlier writ petition, and that the temple-tank boundaries had not been properly fixed.

He also relied on the discrepancy between an earlier allegation of 28 sq. m. and the later measurement of 12 sq. m.

The respondents maintained that the appellant had received two notices and was present at the survey after receiving a third notice.

The Single Judge dismissed the writ petition, and the appellant appealed.

The judgment does not cite or apply a specific statutory provision or precedent.

It applies the principle that appellate interference with the Single Judge’s order is unwarranted where the record and submissions disclose no sufficient ground to disturb that order.

The Court also considered the respondents’ account that the appellant received notice of the survey and participated in it.

The Court considered the appellant’s complaint that the survey lacked prior notice alongside the respondents’ submission, supported by the record, that the appellant had been notified and was present during the survey.

In view of those submissions and the materials before it, the Court found the Single Judge justified in dismissing the writ petition and found no basis for appellate interference.

It did not separately determine the boundary or measurement disputes.

It left the appellant at liberty to approach the civil court for appropriate relief.